Complaint says CampFin group broke rules

A complaint apparently filed this week with the state Board of Elections argues that Protect Our Democracy, an Ulster County-based PAC, is subject to the same fundraising constraints for its direct advocacy on behalf of candidates like Cecilia Tkaczyk as the candidates themselves.

If this is upheld, it could change the vehicles for political spending by deep-pocketed donors. The Citizens United ruling in 2010 said corporations and individuals cannot be restricted in the amount of money they spend on political advertising that isn’t coordinated with or authorized by a campaign. Super PACs in New York have pooled the money of one or several large donors for major spending campaigns, which are unrestricted. It’s not clear they’re even subject to regulation if their advertisements are generally worded — (Candidate Smith smells funny…Candidate Jones loves apple pie) and don’t expressly advocate for or against someone (vote for Candidate Jones, oppose Candidate Smith).

Protect Our Democracy, which is funded principally by Facebook co-founder Chris Hughes and his husband, Sean Eldridge, opted for express advocacy on behalf of Tkaczyk and Sen. Mark Grisanti, pledging to spend a total of $350,000. They’re not authorized by or coordinating with either Tkaczyk or Grisanti, but Board of Elections spokesman John Conklin said they are still subject to fundraising — but not spending — limits that apply to other committees. He cited a 1994 advisory opinion issued by the board.

But exactly which limits apply is not legally clear. The complaint contends that the limit for a given race — $1o,300 for a state Senate contest — is applicable, while other election lawyers and advocates told me only the aggregate donation caps — $5,000 for a corporation or $150,000 for an individual — are relevant.